Decriminalization

African Americans in Pennsylvania are over eight times more likely to be arrested for marijuana possession offenses than are Caucasians, according to an analysis of statewide arrest data by the American Civil Liberties Union.

The ACLU Pennsylvania report reviewed arrest data for all 67 counties from 2010 to 2016. Excluding Philadelphia, which decriminalized cannabis possession offenses in 2014, adult marijuana possession arrests increased 33 percent during this time period – at a cost of $225.3 million to taxpayers. Black adults were 8.2 times more likely than their white counterparts to be arrested for possessing marijuana – up from 6.5 percent in 2010.

Recent analyses from other states, such as New Jersey and Virginia, have similarly identified racial disparities in marijuana possession arrests. Nationwide, African Americans are approximately four times more likely than whites to be arrested for possessing marijuana, despite members of both ethnicities using the substance at similar rates.

“Pennsylvania’s insistence in continuing to fight the war on marijuana, is at the root of the problematic data presented in this report,” the ACLU of Pennsylvania concluded. “Law enforcement has not only continued its business-as-usual arresting policies in enforcement of cannabis prohibition, it has ramped up enforcement as marijuana use has become more accepted throughout the commonwealth and the nation. If laws don’t change, this pattern will likely continue; law enforcement could become even more heavy handed until policymakers are clear that it is time to end this approach. The clearest way to send that message is to end prohibition altogether.”

This October 20th marks the third anniversary of the decriminalization of marijuana in Philidelphia, making the birthplace of the American Constitution the largest city to have marijuana possession a non-arrestable offense outside of a legalized state. Yet there is much progress to still be made beyond decriminalization.

“It is time for us to chart a better path forward. When politicians and police stop treating cannabis consumers like criminals, Pennsylvania can gain thousands of jobs and millions in tax revenue,” wrote Temple Professor Chris Goldstein for Philly.com earlier this month. “I hope that by next October, the verdant harvest of Pennsylvania cannabis is something that will benefit every single resident of the commonwealth.”

And the political winds are changing.

In September, citing racism, bigotry, and mass-incarceration, the Pennsylvania Democratic Party adopted a resolution to “support Democratic candidates and policies which promote the full repeal of cannabis prohibition by its removal from the Controlled Substances Act, and to support the creation of new laws which regulate it in a manner similar to other culturally accepted commodities.”

“It’s time to stand on research, and the research shows it’s time to legalize marijuana in Pennsylvania,” said state Rep. Jordan Harris of Philadelphia, who is chairman of the Pennsylvania Legislative Black Caucus.

“Millions of dollars are spent each year on marijuana prosecutions. And prosecution costs are just part of the story,” wrote Pennsylvania Auditor General of Eugene DePasquale in September, “There is also the loss of income and other social, personal, and emotional impacts on those arrested for simply possessing a small amount of marijuana. That’s ridiculous. The police and court systems have more urgent issues to address.”

Today, Atlanta City Council voted to pass Ordinance 17-O-1152, decriminalizing marijuana possession offenses. This measure amends the local law so that the possession of up to one ounce of marijuana is punishable by a $75 fine — no arrest, jail time, or criminal arrest record.

Annually, over 30,000 Georgians — many of whom reside in Atlanta — are arrested and charged with violating marijuana possession laws. Those arrested and convicted face up to one-year in prison, a $1,000 fine under state law, or up to six months in jail under local statutes. National statistics indicate that African Americans are an estimated four times as likely as whites to be arrested for violating marijuana possession laws, despite using marijuana at rates similar to Caucasians.

“Court costs, the jail time, ruining young people’s lives, they lose their scholarships, it breaks up families, and it wastes our tax dollars. That’s the reason for doing this,” said Kwanza Hall, a city Councilman and candidate for Mayor.

With the passage of this measure, citizens of Atlanta no longer have to fear unnecessary jail time for possessing a drug that should not be illegal in the first place. However, because the law only applies to Atlanta city limits, it conflicts with the state law that calls for jail time and gives police leeway in deciding which law (state or city) should be enforced.

However, Atlanta has now joined the growing list of cities around the country that have adopted a more pragmatic approach for dealing with marijuana-related offenses on the local level. This new ordinance may not be perfect, but it is a victory nonetheless.

“Atlanta is celebrating a big win for their community, for their future. Citizens should be aware of the actual law not just assume they can use Cannabis unfettered across the city. There will be a learning curve and we at Peachtree NORML will do everything we can to make sure the citizens are educated as we continue our work at the State level. For now, 800 arrests will not occur next year if this ordinance stays true to what the essence was meant to accomplish,” said Sharon Ravert, founder of Peachtree NORML.

Originally, NORML KC formed to focus on the criminal penalties. We looked towards fellow Missouri towns such as Columbia and St. Louis which had already decriminalized, and we wanted Kansas City to join those municipalities on a more progressive and tolerant path. Our initial goal was to reduce the current penalties in Kansas City for cannabis possession, remove the threat of jail time, and significantly lower the fine amount for less than 35 grams.

On April 4th of this year, after months of building our coalitions, speaking at town halls, and utilizing media and community outreach, Kansas Citians came out to show their support at the ballot box. We all watched as the results came in and Question 5 was overwhelmingly supported by 75 percent! That number is a remarkable achievement, especially considering the local newspaper, The Kansas City Star, and Mayor Sly James came out against the measure.

Question 5 Passed With Over 75% of the VoteNow, as we approach our chapter’s two-year anniversary at the end of August, we have a victory in hand and our sights are now set statewide for access.

Our grassroots group had little funding and was mainly supported by a core group of dedicated volunteers and activists who worked tirelessly gathering petition signatures to place the initiative on the ballot. We had many roadblocks and opportunities to give up, but instead, we chose to fight harder. Not only did we prove that Kansas Citians were ready to reform the city’s unjust marijuana laws, we also proved what a small group of committed activists could accomplish with passion and support from the National NORML chapter.

But we’re not going to stop there, because the result at the voting booth on April 4th is only the beginning of our success in Kansas City, and across the state of Missouri.

We are now taking the lessons of the ballot initiative and working with New Approach Missouri, a statewide medical cannabis initiative. The campaign is off to a strong start and has already collected over 50,000 signatures statewide. NORML KC is excited to be supporting this important effort, together with the other Missouri NORML chapters. United, we will bring positive change to our community and beyond.

There, we will participate in a day of panels, trainings, and briefings to both better equip us with the knowledge and confidence we need to engage members of Congress and bring back the experiences from NORML chapters throughout the country back to Missouri to be more effective in our home state.

At this critical time in our nation’s history, we have reached an inflection point and it is essential to build the organization and power. If we could do it in KC – why not MO or DC?

Thanks for all that you have done, are doing, and will do in the future. We’re only going to win when we work together.

Jamie Kacz is the Executive Director of NORM KC, and the architect of the successful 2017 ballot initiative which decriminalized marijuana in Kansas City.

House Bill 640, which takes effect in 60 days, eliminates criminal penalties for the possession of up to 3/4 of an ounce of cannabis and/or up to five grams of hashish for those age 18 or older. Under the new law, first time offenders will receive a civil violation punishable by a $100 fine.

Presently, first-time marijuana possession is punishable by up to one year in prison, a potential $2,000 fine, and a criminal record.

“New Hampshire will soon join the chorus of states that recognize the baseline level of dignity for it’s citizens and tourists who choose to consume marijuana,” said Justin Strekal, NORML Political Director. “Soon, throughout New England, individuals will be able to freely travel without the threat of jail time for possession of marijuana.”

New Hampshire is the only New England state that presently treats minor possession offenses as a criminal offense.

Members of the Vermont House of Representatives decided late last night to block a marijuana depenalization measure, H. 511, from further consideration this legislative session.

The vote came after Senate members approved the bill, which eliminated civil and criminal penalties for the private possession and cultivation of small quantities of marijuana. Republican Gov. Phil Scott – who had vetoed an earlier version of the bill in May – had also recently expressed his support for the revised legislation.

Further action on the bill during this week’s special veto session required the votes of three-quarters of the House. But only a majority voted to take action on the bill, with almost all Republican House members voting ‘no.’

If enacted, the bill would have permitted adults to legally possess up to one ounce of cannabis and to grow up two mature plants at home.